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1. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...Reuters, Wellington, 2014) at [2.25.1]. 20 There are, however, some material differences between the Tribunal and the Authority. The Tribunal is not required to give effect to strict legal rights, obligations, forms or technicalities. The right to appeal a decision of the Tribunal is limited to the grounds that the manner in which the proceeding was carried out was unfair to the appellant and prejudicially affected the result of the proceedings. of the case, and to chart...

2. Taniwha v Sheehan - Ririwha (Stephenson Island) (2020) 216 Taitokerau MB 274 (216 TTK 274) [pdf, 259 KB]

   ...Fenwick v Naera [2015] NZSC 68, [2016] 1 NZLR 354 at [69] – [81]; Scott – Paremata Mokau A7A1 (Mokau Marae) (2017) 155 Taitokerau MB 135 (155 TTK MB 135) at [16]. 5 Taurua v Harawira – Te Tii Waitangi [2017] Māori Appellate Court MB 328 (2017 APPEAL 328). Also see Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) and Rameka v 216 Taitokerau MB 277 (a) Whether the trustee has failed to carry out his or her duties satisfactorily (in an obje...

3. Territorial Authorities - JS McGirr - Supplementary - 12 May 2021.pdf [pdf, 2.1 MB]

   ...of this permit, any new application should be lodged at least 6 months prior to the expiry date of this permit. Applying at least 6 months before the expiry date may enable you to continue to exercise this permit until a decision is made, and any appeals are resolved, on the replacement application. 2. The water meter, datalogger and telemetry unit should be safely accessible by the Consent Authority and its contractors at all times. Issued at Dunedin this 20t...

4. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...and requesting his explanation. [28] Mr Gu advised the Authority on 15 December 2020 that the complainant had been granted a s 61 visa on 7 January 2020. She had spent $5,010 to regularise her status under the s 61 process and $1,850 for an appeal to the Immigration and Protection Tribunal. The total cost of $6,860 would not have occurred but for Ms Han’s misconduct. There was also the loss of wages for the period from 22 August 2019 to 6 January 2020 when she was an overstay...

5. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...New Zealand, costs have not been awarded to indemnify successful litigants for their actual solicitor and client costs, except in rare cases generally entailing breach of confidence or flagrant misconduct. Except in such cases, in both the Court of Appeal and the High Court orders for party and party costs have been limited to a reasonable contribution to the costs of the successful party. " Prebble and Ors v Awatere Huata (No 2) [2005] 2 NZLR 467 [15] That costs should follow the...

6. Cooper - Ngataurua 2A2 (2004) 134 Aotea MB 96 (134 AOT 96) [pdf, 2.9 MB]

   ...in referring to a number of important policy considerations but they are not relevant here. Minute Book: 134 AOT 101 Then in the recently issued decision of the Maori Appellate Court in re: Port Levy - Wade Wereta Osborne (2003) 6 Te Waiponamu Appeal MB 20 (also cited as 6 APTW 20) a lower Court determination refusing partition was reversed. In that decision the Appellate Court granted the partition based on the particular circumstances of the case. They included the fact that there w...

7. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...matter. What matters is that the PCA retain the opportunity to acquire Maori freehold land that is either currently owned by Maori or which was formerly owned by Maori. [43] In any event, the High Court’s comment is at odds with the Court of Appeal’s view. In Valuer-General v Mangatu Inc [1997] 3 NZLR 641 at 650 to 651 the Court observed: While no one can be absolutely excluded as a possible purchaser of Māori freehold land, the 1993 Act imposes a significant barrier on alienat...

8. Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (2017) 157 Taitokerau MB 7 (157 TTK 7) [pdf, 219 KB]

   ...Conservation v Tau [2016] NZDC 16497. 14 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999, Clarke v Karaitiana [2011] NZCA 154, Mikaere Toto – Te Reti B & C Residue Trust [2014] Maori Appellate Court MB 249 (2014 APPEAL 249). 157 Taitokerau MB 19 requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. 15 When exercising this power, the Court relies...

9. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

   ...new matter and will not be addressed on review. [65] Mr MY may feel aggrieved that each of the matters raised by him has not been specifically discussed or reasons provided for rejecting them. In this regard, reference is made to the Court of Appeal decision R v Nakhla (no 2) where the court said:15 As to the complaints in the motion that the Court did not deal with certain submissions and attributed to counsel a submission he did not make it may be observed that a belief on the pa...

10. Broad v Samson - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) [pdf, 391 KB]

    ...Group Ltd (in receivership and liquidation) v MacIntosh [1998] NZLR 171. 27 Commonwealth Reserves I v Chodar [2001] 2 NZLR 374 at [42]. 28 Morrison v Trustees of the Trevor and Dinah Maxwell Whanau Trust [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) at [21]. 29 B248739.1 Transfer Instrument. 169 Taitokerau MB 148 the natural love and affection I bear towards my brother Samuel Patrick Samson do hereby transfer to the said Samuel Patrick Samson all my estate and inter...